Babu Ram And Ors vs State (2023:Rj-Jd:30139)
2023 Latest Caselaw 6885 Raj

[2023:RJ-JD:30139]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1093/2002

1. Babu Ram
2. Jeevan Ram
3. Hukma Ram
4. Deena Ram
5. Nena Ram
All sons of Baksha Ram, B/c Jat, R/o of Asavari, Police Station
Bhavanda, Tehsil & District Nagaur
6. Tilia S/o Ganesh Ram B/c Jat, R/o Asavari Police Station
Bhavanda, Tehsil & District Nagaur
                                                                   ----Petitioners
                                    Versus
State Of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :    Mr. Vineet Jain, Sr. Advocate assisted
                                by Mr. Praveen Vyas
For Respondent(s)          :    Mr. S.K. Bhati, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

DATE OF ORDER                           :::                      06/09/2023
BY THE COURT:-

1. By way of filing the instant Criminal Revision Petition

challenge has been made to the judgment dated 12.09.2002

passed by the learned Additional Sessions Judge, Nagaur in

Criminal Appeal No.54/1997, whereby the learned appellate court

partly allowed the appeal filed by the petitioners against the

judgment of conviction and order of sentence dated 03.12.1997

passed by learned Additional Civil Judge (Jn.Dn.), Nagaur in

Criminal Case No.48/1989; whereby the petitioners have been

convicted and sentenced as under:-

[2023:RJ-JD:30139] (2 of 4) [CRLR-1093/2002]

Name of the Offence Substantive Fine and default accused for which sentence sentence convicted under Section

1.Babu Lal 148 IPC Three years' RI Fine of Rs.5,00/- and in default of payment of fine to further undergo 15 days SI 323 IPC One Year's RI Fine of Rs.500/- and in default of payment of fine to further undergo 15 days SI 341 IPC One month's SI Fine of Rs.200/- and in default of payment of fine to further undergo 15 days SI 326 IPC Three Years' RI Fine of Rs.1,000/- and in default of payment of fine to further undergo 15 days SI

2.Jeevan Ram, 148 IPC Three years' RI Fine of Rs.5,00/- and in

3.Hukma Ram default of payment of fine to further undergo 15 days

4.Deena Ram SI

5.Nena Ram 323 IPC One Year's RI Fine of Rs.500/- and in

6.Tilia default of payment of fine to further undergo 15 days SI 341 IPC One month's SI Fine of Rs.200/- and in default of payment of fine to further undergo 15 days SI 326 r.w. Three years' RI Fine of Rs.1,000/- and in 149 IPC default of payment of fine to further undergo 15 days SI All the sentences were ordered to run concurrently and the

period spent in judicial custody shall be adjusted in the original

imprisonment.

2. Briefly stated, the facts necessary for disposal of the case

are that 22.03.1989 at 9:30 a.m., Ram Lal submitted Parcha

Bayan (Ex.P/1) (which was recorded at 8;15 a.m. at the Police

Station Bhavanda as the area where incident took place falls under

the jurisdiction of Police Station Bhavanda) whereupon a Case

No.14/1989 was registered under Sections 147, 148, 149, 323,

[2023:RJ-JD:30139] (3 of 4) [CRLR-1093/2002]

326 and 341 of the IPC) before the SHO, Police Station Nagaur

alleging inter alia that when he (Ram Lal) and his cousin

Angadaram were going towards the well and reached nearby the

entrance of village Jeevan Ram, Hukma Ram, Babu Ram, Deena

Ram, Nena Ram and Tilia, all armed with lathi came there with

an intention to kill him. They started to give beatings to him

resulting which he received injuries on the head and other parts of

body. Babu Lal inflicted a knife blow on his nose. Angda Ram tried

to rescue him. On hearing hue and cry, 6-7 other persons

gathered there. Upon intervening them, the victim was rescued.

He further alleged that enmity between them was regarding the

Panchayat Elections thus, all the accused came together with an

intention to kill him. After investigation, charge sheet was filed

against Hukma Ram, Babu Ram, Deena Ram, Nena Ram and

Tilia, under Sections 341, 323, 326/34 of the IPC and under

Section 299 IPC against Jeevan Ram.

3. After a full-fledged trial and hearing the counsel for the

parties vide judgment dated 03.12.1997, the learned Magistrate

found the accused-petitioners guilty of the aforementioned

offences and convicted and sentenced them as mentioned above.

4. The said judgment dated 03.12.1997 was assailed by the

petitioners by preferring an appeal before the Court of appeal,

wherein after hearing the parties and making further appreciation

of evidence brought on record, the learned Court of appeal vide

judgment dated 12.12.2002 partly allowed the appeal by

maintaining the judgment of conviction by reducing the sentence

of the petitioners to the period already undergone by them.

[2023:RJ-JD:30139] (4 of 4) [CRLR-1093/2002]

Hence, both the judgments are under challenge before this Court

by way of filing the instant Criminal Revision.

5. For the purpose of examining the legality, correctness and

propriety of the judgment of conviction/finding of guilt and order

of sentence, I have minutely gone through the facts narrated in

both the judgments but find nothing which may call interference

by this Court in revisional jurisdiction.

6. Thus, viewing the matter from any angle, this Court finds

nothing to interfere in the judgments. There is no force in the

instant revision petition and the same is hereby dismissed.

7. The application for suspension of sentence and all pending

applications, if any, shall stand disposed of.

8. Record of both the Courts below be sent back.

(FARJAND ALI),J 14-Mamta/-

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